High Court of KeralaSingle JudgeWrit petitions allowed; NIOS D.El.Ed (ODL) reco...

Writ Petition (Civil) Nos. 7612/2021, 13479/2021 and 13895/2021

Case / Petition Number:WP(C) Nos. 7612/2021, 13479/2021 and 13895/2021

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • ANU SIVARAMAN
Judgment Date
2021-08-13
Court Decision / Holding
The writ petitions are allowed. The Court holds that D.El.Ed certificates issued by NIOS in ODL mode can be treated as valid for all purposes, including K-TET, and must be accepted as equivalent to the required D.El.Ed qualification for fresh appointments. The interim order directing the issue of K-TET certificates provisionally is made absolute. Petitioners shall be entitled to the benefit of Ext.P16, and the authorities shall consider the petitioners for fresh appointment accordingly, notwithstanding Exts.P17 and P19 limitations.
Final Disposition
Writ petitions allowed; NIOS D.El.Ed (ODL) recognized as equivalent for fresh appointments; NCTE empowered to fix qualifications; K-TET certificates to be issued provisionally; consideration for appointment to proceed accordingly.

Parties to the Case

Appellants / Petitioners

  • SREEKALA S.
  • Bindu A.P.
  • Deepu K.
  • Soumyamol Thomas
  • Soumya P.B.
  • Mini K.
  • Jubairiya M
  • Hanseera H
  • Praseja C.V.
  • Surya S Naik

Respondents

  • State of Kerala represented by Secretary to Government, General Education Department
  • State Council for Education Research and Training represented by its Director
  • National Council for Teacher Education represented by its Director
  • The Secretary, Department of School Education and Literacy, Ministry of Education, Government of India
  • The Kerala Public Service Commission represented by its Secretary
  • District Educational Officer, Kannur
  • District Educational Officer, Malappuram
  • District Educational Officer, Kottayam
  • Additional Respondents 6 to 8 impleaded as per order dated 13.8.2021 in I.A. No.4/2021

Legal Representation & Advocates

Counsels for Petitioners

  • • G. Biju
  • • S. Jayaprakash (Madavoor)
  • • V.A. Vinod
  • • Bobby U. Nair
  • • G. Biju
  • • V.A. Vinod

Counsels for Respondents

  • • M.A. Shaji
  • • Dr. Abraham P. Meachinkara
  • • P.C. Sasidharan
  • • Parvathy Kottol
  • • GP

Case Synopsis & Summary

The Kerala High Court, in a consolidated judgment dated 13 August 2021, examined whether the Diploma in Elementary Education (D.El.Ed) qualification offered by the National Institute of Open Schooling (NIOS) through the Open Distance Learning (ODL) mode can be treated as a valid minimum qualification for appointment of elementary teachers under the Right to Education Act, 2009 (RTE Act). The petitioners, unaided and other teachers with D.El.Ed (NIOS-ODL), contended that the NCTE is the competent authority to fix minimum qualifications for teacher eligibility and that Ext.P14 (2010) notified such qualifications, with Ext.P16 (2021) directing States to consider NIOS-D.El.Ed candidates for fresh recruitment, subject to other criteria like K-TET. The respondents argued that NCTE's notifications and the Government’s position restricted eligibility for fresh appointments and that the matter should be adjudicated by the Kerala Administrative Tribunal. The Court held that NCTE, under the RTE Act, has authority to fix minimum qualifications, and that the State must act in accordance with NCTE notifications. Relying on Shiv Kumar Pathak’s case (Apex Court) the court held that D.El.Ed from NIOS (ODL) can be treated as equivalent for all purposes, including K-TET, and issued directions to accept such certificates and to issue K-TET certificates provisionally, thereby extending the benefit of Ext.P16 beyond the prior in-service limitations. The petitions were allowed with a direction to consider the petitioners for fresh appointments accordingly.

Provisions of Law Cited

Right of Children to Free and Compulsory Education Act, 2009 (RTE Act)Section 23 of the RTE ActNCTE Notification dated 23.08.2010NCTE Recognition Norms and Procedure Regulations, 2014

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that the NCTE is empowered to fix minimum qualifications for eligibility for appointment under the RTE Act and that Exts.P14 (2010) and P16 (2021) establish NCTE’s authority to treat NIOS D.El.Ed (ODL) as a qualifying credential for fresh recruitment, not limited to in-service candidates. They urged the Court to hold that NIOS D.El.Ed (ODL) should be recognised as equivalent for appointment, including KP-TET/K-TET eligibility, and sought to strike down State restrictions that denied such recognition to fresh appointments. They relied on the Shiv Kumar Pathak case to show that State government must act in accordance with NCTE notifications and that the interpretation of NCTE norms should be given full effect.

Contentions of Respondents

The respondents contended that the core issue concerns how qualifications are fixed and evaluated for fresh recruitment, a matter that should be addressed by the KAT; they maintained that NCTE is empowered by notification to fix minimum qualifications and that Ext.P17/Ext.P19 reflect the State’s position. They argued that the State’s decisions and the limitations in Ext.P17 (restricting to in-service teachers) could not be bypassed by the petitioners and that the Court should not substitute its own assessment of recruitment policy for the statutory framework. They urged maintaining the status quo and leaving demographic and administrative decisions to the proper tribunals.

Cited Precedents (3)

Case NameCitationTreatmentExplanation
State of UP and others v. Shiv Kumar Pathak and others2017 KHC 6486PositiveCited to establish NCTE's authority to fix minimum qualifications for teacher eligibility under the RTE Act and the State’s obligation to act according to NCTE notifications.
Patna High Court in CWJC No.19842/2019CWJC No.19842/2019Mentioned OnlyCited as Exhibit P21 support material in Appendix; not a controlling precedent in the reasoning.
W.P.(C) No.87/2020 and connected cases, High Court of TripuraW.P.(C) No.87/2020Mentioned OnlyReferenced as part of Exhibit P22; not central to the decision.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **FRIDAY, THE 13[TH] DAY OF AUGUST 2021 / 22ND SRAVANA, 1943** ## **WP(C) NO. 7612 OF 2021** ## **- PETITIONERS :** 1 SREEKALA.S., AGED 41 YEARS D/O.SARASAMMA, ABHIRAMAM, ANNUR (P.O), PAYYANUR, KANNUR-670 307. 2 BINDU A.P., AGED 39 YEARS D/O.RAJ KUMAR, KADUMANNIL HOUSE, PANTHARANDADI (P.O), KARIPARAMBU, MALAPPURAM. 3 DEEPU K, AGED 36 YEARS S/O.HARIDAS, KUNDAYAMCODE HOUSE, ALAKKODE(P.O), KANNUR-670 571. 4 SOUMYAMOL THOMAS, AGED 31 YEARS W/O.SONYMON SEBASTIAN, PARIYANIKKAL HOUSE, VENKURINJI (P.O), MANIPUZHA, ERUMELI, KOTTAYAM-686 510. BY ADVS. G.BIJU S.JAYAPRAKASH (MADAVOOR) V.A.VINOD BOBBY U. NAIR ## **- RESPONDENTS :** 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE STATE COUNCIL FOR EDUCATION, RESEARCH AND TRAINING, VIDYA BHAVAN, POOJAPPURA P.O., THIRUVANANTHAPURAM-695 012. 3 NATIONAL COUNCIL FOR TEACHER EDUCATION REPRESENTED BY ITS DIRECTOR, G7, SECTOR-10, DWARAKA, NEAR METRO STATION, NEW DELHI-110 075 W.P.(C) Nos.7612, 13479 and 13895 of 2021 -: 2 :- 4 THE SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, MINISTRY OF EDUCATION, GOVERNMENT OF INDIA, SHASTRI BHAVAN, NEW DELHI-110 001. 5 THE KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS, PATTOM PALACE (P.O), THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS SECRETARY ADDL.6 THE DISTRICT EDUCATIONAL OFFICER, KANNUR, O/O THE DISTRICT EDUCATIONAL OFFICER, THAVAKKARA, KANNUR – 670 002. ADDL.7 THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM O/O THE DISTRICT EDUCATIONAL OFFICER, UP HILL, MALAPPURAM – 676 505. ADDL.8 THE DISTRICT OFFICR, KOTTAYAM O/O THE DISTRICT EDUCATIONAL OFFICER, AZAD LINE, NEAR FIRE STATION, VYASKARA, THIRUNAKKARA, KOTTAYAM – 686 001. ADDITIONAL RESPONDENTS 6 TO 8 ARE IMPLEADED AS PER ORDER DATED 13.8.2021 IN I.A.No.4/2021. BY ADVS. SRI.M.A.SHAJI DR.ABRAHAM P.MEACHINKARA, SC, NCTE SRI.P.C.SASIDHARAN, SC, PSC SMT.PARVATHY KOTTOL, G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.8.2021, ALONG WITH WP(C).13479/2021 AND 13895/2021, THE COURT ON 13.8.2021 DELIVERED THE FOLLOWING: W.P.(C) Nos.7612, 13479 and 13895 of 2021 -: 3 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN FRIDAY, THE 13[TH] DAY OF AUGUST 2021 / 22ND SRAVANA, 1943 WP(C) NO. 13479 OF 2021** ## **- PETITIONERS :** 1 SOUMYA P.B., AGED 34 YEARS D/O. BALAKRISHNAN, VAZHAVALAPPIL HOUSE, KOTTODY (P.O), KASARAGOD – 671 532. 2 MINI K, AGED 40 YEARS D/O. V.M. DAMODHARAN, V.M. HOUSE, ANANTHAMPALLA, OZHINJAVALAPPU (P.O), VIA NEELESHWAR, KASARAGOD – 671 314. 3 JUBAIRIYA M, AGED 40 YEARS D/O. K.M. MOHAMMED KUNHI HAJEE, XXVI 194, GAZZALI NAGAR, THALANGARA, KASARAGOD – 671 122. 4 HANSEERA H, AGED 25 YEARS D/O. HASSAINAR, SHAHANAZ MANZIL, KUNIL MAJID ROAD, KASARAGOD – 671 321. 5 PRASEEJA C.V., AGED 39 YEARS W/O. SHASTHA KUMAR A, SREE NILAYA, BEPU, IRIYANNI, MULIYAR, KASARAGOD – 671 542. BY ADVS. G.BIJU V.A.VINOD ## **- RESPONDENTS :** 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2 THE STATE COUNCIL FOR EDUCATION RESEARCH AND TRAINING, REPRESENTED BY ITS DIRECTOR, VIDHYA BHAVAN, POOJAPPURA P.O, THIRUVANANTHAPURAM – 695 012. 3 NATIONAL COUNCIL FOR TEACHER EDUCATION W.P.(C) Nos.7612, 13479 and 13895 of 2021 -: 4 :- REPRESENTED BY ITS DIRECTOR, G.7, SECTOR - 10, DWARAKA, NEAR METRO STATION, NEW DELHI – 110 075. 4 THE SECRETARY DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, MINISTRY OF EDUCATION, GOVERNMENT OF INDIA, SHASTRI BHAVAN, NEW DELHI – 110 001 5 THE KERALA PUBLIC SERVICE COMMISSION THULASI HILLS, PATTOM PALACE (P.O), THIRUVANANTHAPURAM – 695 004, REPRESENTED BY ITS SECRETARY. ADDL.6 THE DISTRICT EDUCATIONAL OFFICER, KASARGODE, O/O.THE DISTRICT EDUCATIONAL OFFICER, COLLECTORATE, VIDYANAGAR P.O., ULIYATHADKA ROAD, KASARGOD-671 123. IS IMPLEADED AS PER ORDER DATED 08-07-2021 IN IA 1/2021. BY ADVS. DR.ABRAHAM P.MEACHINKARA, SC, NCTE SRI.T.A.UNNIKRISHNAN, CGC SRI.P.C.SASIDHARAN, SC, PSC SMT.PARVATHY KOTTOL, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.08.2021, ALONG WITH WP(C).7612/2021 AND WP(C).13895/2021, THE COURT ON 13.08.2021 DELIVERED THE FOLLOWING: W.P.(C) Nos.7612, 13479 and 13895 of 2021 -: 5 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **FRIDAY, THE 13[TH] DAY OF AUGUST 2021 / 22ND SRAVANA, 1943** **WP(C) NO. 13895 OF 2021** ## **PETITIONER :-** **SURYA S NAIR, AGED 37 YEARS W/O. SIVAKUMAR, MANIKANDAVILASAM, SAHAYAGIRI (P.O), MARAYOOR, IDUKKI -685 620** **BY ADVS. G.BIJU V.A.VINOD** ## **RESPONDENTS :-** **1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2 THE DISTRICT EDUCATIONAL OFFICER O/O. THE DISTRICT EDUCATIONAL OFFICER, 5TH FLOOR, REVENUE TOWER, NEAR PRIVATE BUS STAND, KOTHAMANGALAM, ERNAKULAM-686 691 3 NATIONAL COUNCIL FOR TEACHER EDUCATION REPRESENTED BY ITS DIRECTOR, G 7, SECTOR 10, DWARAKA, NEAR METRO STATION, NEW DELHI-110 075 4 THE SECRETARY, DEPARTMENT OF SCHOOL EDUCATION AND LITERACY, MINISTRY OF EDUCATION, GOVERNMENT OF INDIA, SHASTRI BHAVAN, NEW DELHI-110 001 5 THE KERALA PUBLIC SERVICE COMMISSION THULASI HILLS, PATTOM PALACE (P.O), THIRUVANANTHAPURAM-695 004, REPRESENTED BY ITS SECRETARY.** **BY ADVS.** **DR.ABRAHAM P.MEACHINKARA, SC, NCTE SRI.M.A.VINOD, CGC SRI.P.C.SASIDHARAN, SC, PSC SMT.PARVATHY KOTTOL, GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.08.2021, ALONG WITH WP(C).7612/2021 AND WP(C).13479/2021, THE COURT ON 13.8.2021 DELIVERED THE FOLLOWING:** W.P.(C) Nos.7612, 13479 and 13895 of 2021 -: 6 :- ## **JUDGMENT** **Dated this the 13th day of August, 2021 [W.P.(C) Nos.7612, 13479 and 13895 of 2021]** The petitioners in these writ petitions are elementary school teachers in unaided elementary schools who have passed the Diploma in Elementary Education Course (for short, 'D.El.Ed course') conducted by the NIOS in the ODL mode. The exhibits are being referred to in this judgment as in W.P.(C) No.13479/2021, unless otherwise specifically mentioned. 2. The petitioners contend that the NCTE is the authority competent to fix the minimum qualification for appointment of Elementary School teachers in terms of Clause (n) of Section 2 of the Right of Children to Free and Compulsory Education Act, 2009. It is submitted that by Ext.P14 notification dated 23.8.2010, the NCTE has fixed the qualification as Senior Secondary with at least 50% marks with two year Diploma in Elementary Education by whatever name known or Senior Secondary or its equivalent with 45% marks and two year Diploma in Elementary Education by whatever name known in accordance with the NCTE Recognition Norms and Procedure Regulations, 2002. It is submitted that by Ext.P16 letter dated 6.1.2021, taking note of the judgments of the various High Courts, W.P.(C) Nos.7612, 13479 and 13895 of 2021 -: 7 :- the NCTE had requested all States to consider those candidates who had completed D.El.Ed course of NIOS in ODL mode and give them an opportunity to apply for fresh recruitment at par with other D.El.Ed candidates subject to adherence of all other criteria and qualifications requirements such as passing of the TET etc. as per the NCTE notification dated 23.8.2010 and any other, as mandated by the State. It is submitted that by Ext.P17, the State Government had recognised the D.El.Ed qualification acquired from the NIOS during 2017-19 and completed the course before 31.3.2019 as a one time measure for continuance in service of existing teachers and for all benefits. It is submitted that in spite of the directives of the NCTE, the qualification of D.El.Ed from NIOS (ODL) had not been accepted as a required qualification for fresh appointments. Relying on Exts.P18, P19 (in W.P.(C) No.7612/2021) and Ext.P22 judgments of the various High Courts, it is contended that the petitioners who have all other qualifications including K-TET are eligible for being considered for fresh appointment as well taking note of Exts.P14 and P16. The learned counsel for the petitioners submits that considering the contentions raised by the petitioners and the NCTE, the appropriate respondents were directed to issue the K-TET certificates provisionally to the petitioners and such certificates had been issued. W.P.(C) Nos.7612, 13479 and 13895 of 2021 -: 8 :- Further, relying on the decision of the Apex Court in **State of UP and others** v. **Shiv Kumar Pathak and others** [2017 KHC 6486], it is contended by the learned counsel for the petitioners that the NCTE is the academic authority under the Right to Education Act (for short, 'the RTE Act') and is, therefore, fully empowered to issue notifications dated 23.8.2010 and 11.2.2011. It was held by the Apex Court that the State Government was under obligation to act as per the notifications and therefore, the limitation in the Government Order to the effect that D.El.Ed qualification acquired from the NIOS through ODL mode would be considered only as required qualification for teachers who are already in service is bad in law. 3. The learned Standing Counsel appearing for the NCTE would submit that the NCTE is authorised to lay down the minimum qualifications for a person to be eligible for appointment as a teacher in terms the RTE Act by notification dated 31.3.2010. It is submitted that in pursuance to the notification the NCTE has, by Ext.P14, prescribed the minimum qualification. By Ext.P16 clarification dated 6.1.2021 has also been issued by the NCTE specifically stating that all candidates who have completed D.El.Ed courses of NIOS in ODL mode are to be given an opportunity to apply for fresh recruitment at par with other D.El.Ed candidates, subject to other qualifications. W.P.(C) Nos.7612, 13479 and 13895 of 2021 -: 9 :- 4. The learned Standing Counsel appearing for the Kerala Public Service Commission submits that the issue before this Court is only with regard to the equivalency of the qualification of D.El.Ed ODL course conducted by the NIOS and any further directions with regard to the qualification and the eligibility for appointment in public services is to be considered by the Kerala Administrative Tribunal in accordance with law. 5. The learned Government Pleader would submit that the stand of the Government is clear from Exts.P17 and P19 orders and that the further matters are to be considered by the Kerala Administrative Tribunal. 6. I have considered the contentions advanced. It is clear that in terms of the RTE Act, the NCTE has been authorised to lay down the minimum qualification for eligibility for appointment as a teacher under Section 23 of the Act. The minimum qualifications have been laid down by Ext.P14 dated 23.8.2010. The NCTE has also addressed the State Government by Ext.P16 communication to consider all candidates who have completed D.El.Ed course of the NIOS in the ODL mode and to give them an opportunity to apply for fresh recruitment at par with other D.El.Ed candidates, subject to other qualifications. However, by Ext.P17, the Government passed an ## W.P.(C) Nos.7612, 13479 and 13895 of 2021 -: 10 :- order referring to Ext.P16 also limiting the benefit to teachers who are in service in Government, aided, unaided schools alone. The request in Ext.P16 for making available the benefit for fresh appointments apparently was not considered. The request of the petitioners for a reconsideration was also rejected by Ext.P19. In view of the judgment of the Apex Court in **Shiv Kumar Pathak's case** , I find that the position that the NCTE is the authority empowered to fix the minimum qualifications for appointment in elementary schools and that the State Government is obliged to act as per the notifications of the NCTE stands settled. In the above view of the matter, I am of the opinion that the contention raised by the petitioners that the D.El.Ed course undergone by them is also liable to be treated as equivalent to the D.El.Ed qualifications required for fresh appointment is liable to be allowed. The writ petitions are, therefore, ordered directing the respondents to accept the D.El.Ed certificate acquired by the petitioners from the NIOS under the ODL mode as valid for all purposes including for undertaking the K-TET examination. The interim direction issued directing the respondents to issue the K-TET certificates to the petitioners provisionally is, therefore, made absolute. The petitioners will be entitled to the benefit of Ext.P16 W.P.(C) Nos.7612, 13479 and 13895 of 2021 -: 11 :- de hors the limitations contained in Exts.P17 and P19 orders of rejection. The claim of the petitioners for appointment shall be considered accordingly. **Sd/ANU SIVARAMAN JUDGE** Jvt/12.8.2021 W.P.(C) Nos.7612, 13479 and 13895 of 2021 -: 12 :- ## **APPENDIX OF WP(C) 7612/2021** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE D.EL ED CERTIFICATE OF THE 1ST PETITIONER DATED 22.5.2019 - EXHIBIT P2 TRUE COPY OF THE K-TET EXAMINATION RESULT OF THE 1ST PETITIONER DATED 6.1.2020 - EXHIBIT P3 TRUE COPY OF THE D.EL ED CERTIFICATE OF THE 2ND PETITIONER DATED 22.5.2019 - EXHIBIT P4 TRUE COPY OF THE K-TET EXAMINATION RESULT OF THE 2ND PETITIONER DATED 6.1.2020 - EXHIBIT P5 TRUE COPY OF THE D.EL ED CERTIFICATE OF 3RD PETITIONER DATED 22.5.2019 - EXHIBIT P6 TRUE COPY OF THE K-TET EXAMINATION RESULT OF THE 3RD PETITIONER DATED 6.1.2020 - EXHIBIT P7 TRUE COPY OF D.EL ED MARKS STATEMENT OF 4TH PETITIONER DATED 22.5.2019 - EXHIBIT P8 TRUE COPY OF THE K-TET EXAMINATION RESULT OF THE 4TH PETITIONER DATED 6.1.2020 - EXHIBIT P9 TRUE COPY OF CIRCULAR DATED 3.8.2017 ISSUED BY THE MHRD, GOVERNMENT OF INDIA - EXHIBIT P10 TRUE COPY OF THE GO(RT0 NO 2866/2017/G.EDN DATED 19.8.2017 - EXHIBIT P11 TRUE COPY OF THE RELEVANT PORTION OF THE NCTE 9RECOGNITION NORMS AND PROCEDURE) REGULATIONS 2014 - EXHIBIT P12 TRUE COPY OF THE NOTIFICATION DATED 23.10.2010 ISSUED BY NCTE PRESCRIBING THE MINIMUM QUALIFICATIONS FOR APPOINTMENT OF ELEMENTARY TEACHER - EXHIBIT P13 TRUE COPY OF THE RECOGNITION ORDER DATED 22.9.2017 ISSUED BY THE NCTE W.P.(C) Nos.7612, 13479 and 13895 of 2021 -: 13 :- - EXHIBIT P14 TRUE COPY OF THE NCTE LETTER DATED 6.1.2021 - EXHIBIT P15 TRUE COPY OF THE GO (ORD) NO 1465/2021/DPI DATED 12.2.2021 - EXHIBIT P16 TRUE COPY OF THE REQUEST DATED 17.2.2021 SUBMITTED BY THE 4TH PETITIONER BEFORE THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA - EXHIBIT P17 TRUE COPY OF THE COMMUNICATION NO D375/2021/DPI DATED 24.2.2021 ISSUED BY GOVERNMENT OF KERALA - EXHIBIT P18 TRUE COPY OF THE JUDGMENT OF THE PATNA HIGH COURT IN CWJC NO 19842/2019 DATED 21.1.2020 - EXHIBIT P19 TRUE COPY OF THE JUDGMENT IN WPC NO 87/2020 AND CONNECTED CASES OF HIGH COURT OF TRIPURA - EXHIBIT P20 TRUE COPY OF THE GO (MS) NO 94/2009/.EDN DATED 28.3.2009 APPROVING THE B.ED DEGREE OF IGNOU AS AN ALTERNATE QUALIFICATION PRESCRIBED FOR APPOINTMENT OF TEACHERS - EXHIBIT P21 TRUE COPY OF THE COMMUNICATION SENT TO ONE OF THE APPLICANTS OF L.P.S.T.ASKING TO UPLOAD THE ORIGINAL OF THE DOCUMENTS TO PROVE AGE, QUALIFICATION ETC. PRESCRIBED FOR THE ABOVE POST. W.P.(C) Nos.7612, 13479 and 13895 of 2021 -: 14 :- ## **APPENDIX OF WP(C) 13479/2021** PETITIONER EXHIBITS Exhibit P1 - TRUE COPY OF THE D.EI.ED CERTIFICATE OF THE 1ST PETITIONER DATED 22.05.2019. - Exhibit P2 TRUE COPY OF THE K-TET EXAMINATION RESULT OF THE 1ST PETITIONER (CATEGORY II) Exhibit P3 TRUE COPY OF THE D.EL.ED CERTIFICATE OF THE 2ND PETITIONER DATED 22.05.2019. - Exhibit P4 TRUE COPY OF THE K-TET EXAMINATION RESULT OF THE 2ND PETITIONER(CATEGORY II) - Exhibit P5 TRUE COPY OF THE D.EI.ED CERTIFICATE OF 3RD PETITIONER DATED 22.05.2019. Exhibit P6 TRUE COPY OF THE K.TET EXAMINATION RESULT OF THE 3RD PETITIONER (CATEGORY I) - Exhibit P7 TRUE COPY OF THE D.EL.ED CERTIFICATE OF 4TH PETITIONER DATED 09.3.2020 - Exhibit P8 TRUE COPY OF THE K.TET EXAMINATION RESULT OF THE 4TH PETITIONER (CATEGORY I) - Exhibit P9 TRUE COPY OF THE D.EL.ED CERTIFICATE OF 5TH PETITIONER DATED 22.05.2019. - Exhibit P10 TRUE COPY OF THE K.TET EXAMINATION RESULT OF THE 5TH PETITIONER (CATEGORY II) - Exhibit P11 TRUE COPY OF THE CIRCULAR D.O. NO. 17-2/2017-EE 17 DATED 03.08.2017 ISSUED BY THE MHRD GOVERNMENT OF INDIA. Exhibit P12 TRUE COPY OF THE G.O(RT) NO.2866/2017/G.EDN DATED 19.08.2017 Exhibit P13 TRUE COPY OF THE RELEVANT PORTION OF THE NCTE (RECOGNITION NORMS AND PROCEDURE), REGULATIONS, 2014. ## W.P.(C) Nos.7612, 13479 and 13895 of 2021 -: 15 :- |Exhibit P14|TRUE COPY OF THE NOTIFICATION DATED 23.08.2010| |---|---| ||ISSUED BY NCTE PRESCRIBING THE MINIMUM| ||QUALIFICATIONS FOR APPOINTMENT OF ELEMENTARY| ||TEACHER.| |Exhibit P15|TRUE COPY OF THE RECOGNITION ORDER DATED| ||22.09.2017 ISSUED BY THE NCTE| |Exhibit P16|TRUE COPY OF THE NCTE LETTER DATED 06.01.2021| ||ISSUED TO THE CHIEF SECRETARY, ALL STATE/UT| ||GOVERNMENT (AS PER LIST)| |Exhibit P17|TRUE COPY OF THE RT(ORD) NO.1465/2021 (G.EDN)DATED| ||12.02.2021| |Exhibit P18|TRUE COPY OF THE REQUEST DATED 17.02.2021 SENT BY| ||1ST PETITIONER TO THE SECRETARY, GENERAL EDUCATION| ||DEPARTMENT.| |Exhibit P19|TRUE COPY OF THE COMMUNICATION NO.D.375/2021/G.EDN| ||DATED 24.02.2021 ISSUED FROM GENERAL EDUCATION| ||DEPARTMENT.| |Exhibit P20|TRUE COPY OF THE GO(MS) NO. 94/2009/G.EDN DATED| ||28.03.2009 APPROVING THE B.ED DEGREE OF IGNOU AS| ||AN ALTERNATE QUALIFICATION PRESCRIBED FOR| ||APPOINTMENT OF TEACHERS.| |Exhibit P21|TRUE COPY OF THE JUDGMENT OF THE PATNA HIGH COURT| ||IN CWJC NO.19842/2019 DATED 21.01.2020.| |Exhibit P22|TRUE COPY OF THE JUDGMENT IN WP(C) NO.87/2020 AND| ||CONNECTED CASES DATE OF HEARING AND JUDGMENT| ||12.03.2020 & 13.03.2020. RESPECTIVELY.| |Exhibit P23|TRUE COPY OF THE COMMUNICATION RECEIVED BY THE 1ST| ||PETITIONER FROM TH 5TH RESPONDENT ASKING THEM| ||UPLOAD THE ORIGINAL DOCUMENTS.| |Exhibit P23(a)|TRUE COPY OF THE COMMUNICATION RECEIVED BY THE 2ND| ||PETITIONER FROM THE 5TH RESPONDENT ASKING THEM| ||UPLOAD THE ORIGINAL DOCUMENTS.| |Exhibit P23(b)|TRUE COPY OF THE COMMUNICATION RECEIVED BY THE 3RD| ||PETITIONER FROM THE 5TH RESPONDENT ASKING THEM| ||UPLOAD THE ORIGINAL DOCUMENTS.| W.P.(C) Nos.7612, 13479 and 13895 of 2021 -: 16 :- Exhibit P23(c) TRUE COPY OF THE COMMUNICATION RECEIVED BY THE 4TH PETITIONER FROM THE 5TH RESPONDENT ASKING THEM UPLOAD THE ORIGINAL DOCUMENTS. Exhibit P23(d) TRUE COPY OF THE COMMUNICATION RECEIVED BY THE 5TH PETITIONER FROM THE 5TH RESPONDENT ASKING THEM UPLOAD THE ORIGINAL DOCUMENTS. W.P.(C) Nos.7612, 13479 and 13895 of 2021 -: 17 :- ## **APPENDIX OF WP(C) 13895/2021** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE D.EI. ED CERTIFICATE OF THE PETITIONER DATED 16.12.2019. Exhibit P2 TRUE COPY OF THE K-TET JANUVARY 2019 EXAMINATION RESULT OF THE PETITIONER. Exhibit P3 TRUE COPY OF THE CIRCULAR D.O NO. 17-2/2017-EE. 17 DATED 03.08.2017 ISSUED BY THE MHRD, GOVERNMENT OF INDIA. Exhibit P4 TRUE COPY OF THE G.O(RT) NO. 2866/2017/G.EDN DATED 19.8.2017. - Exhibit P5 TRUE COPY OF THE RELEVANT PORTION OF THE NCTE (RECOGNITION NORMS AND PROCEDURE) REGULATIONS, 2014 PROVIDING THE NORMS AND STANDARDS FOR DIPLOMA IN ELEMENTARY TEACHER EDUCATION PROGRAMME LEADING TO DIPLOMA IN ELEMENTARY EDUCATION, (D.EI.ED). - Exhibit P6 TRUE COPY OF THE NOTIFICATION DATED 23.08.2010 ISSUED BY NCTE PRESCRIBING THE MINIMUM - QUALIFICATIONS FOR APPOINTMENT OF ELEMENTARY TEACHER. - Exhibit P7 TRUE COPY OF THE RECOGNITION ORDER DATED 22.09.2017 BY THE NCTE. - Exhibit P8 TRUE COPY OF THE LETTER NCTE-RE. 1011/166/2017-US (REGULATION SECTION)-HQ/96186-218 DATED 06.01.2021 ISSUED BY THE NCTE. Exhibit P9 TRUE COPY OF THE G.O(ORD) NO. 1465/2021/G.EDN. DATED 12.02.2021. - Exhibit P10 TRUE COPY OF THE REQUEST 17.02.2021 SUBMITTED BY SOUMYAMOL THOMAS TO THE GOVERNMENT. Exhibit P11 TRUE COPY OF THE COMMUNICATION No.D375/2021/G.Edn. DATED 24.02.2021 ISSUED FROM THE GENERAL EDUCATION DEPARTMENT. W.P.(C) Nos.7612, 13479 and 13895 of 2021 -: 18 :- Exhibit P12 TRUE COPY OF THE G.O(MS) NO. 94/2009/G.EDN. DATED 28.03.2009. Exhibit P13 TRUE COPY OF THE COMMUNICATION RECEIVED BY TO PETITIONER TO 5TH RESPONDENT ASKING TO UPLOAD THE ORIGINAL DOCUMENTS DTD. 15.7.2021.